Methods and Methodologies in Fiqh and Islamic Economics. Muhammad Yusuf Saleem (2010)

Transcription

1 1 Methods and Methodologies in Fiqh and Islamic Economics Muhammad Yusuf Saleem (2010)

2 INTRODUCTION 2 Explains about methodology and methods of reasoning in fiqh and their applications to Islamic Economics (IE) Discusses about how different units of analysis or objects of inquiry lead to different methods of reasoning. Examines the legal methods of reasoning in fiqh and their limited application in IE

3 METHODOLOGICAL DISCOURSE 3 Reason alone is not an independent source of knowledge. weakness very subjective [different individuals can come to a different understanding]. HOW TO AVOID THIS? Need rules and standards to evaluate the arrangement of thoughts and propositions. Need to rely on certain tools for the investigation of truth. WHAT IS METHOD? Systematic arrangement and ordering thought. Mode, procedure or way of investigation according to a defined and regular plan. Research technique, structured reasoning and tools used to gather data.

4 WHAT IS METHODOLOGY? 4 Science that deals with methods and their application in a particular field. Determines the sources from which a particular knowledge can be derived and the approach taken by a research to achieve understanding of certain phenomena. Set standards for acceptability of evidence and reasoning. UNITS OF ANALYSIS A major factor influencing choice of methods and methodology. Object of the particular research o Natural phenomena, legal rules, markets, behaviours of an individual or a group.

5 FIQH AS A LEGAL SYSTEM 5 FIQH = (literally): understand and have knowledge of something. = (technically): refers to knowledge of the practical legal rules as derived from the particular sources. How has fiqh changed? - During the time of Prophet (pbuh) => covering the whole of religion. - The science of fiqh nowadays => law and legal matters. The Qur an and Sunnah provide normative statements on what an individual Muslim ought to do or avoid. Basic unit of analysis for fiqh Identify actions, rights and obligations of an individual Muslim Corresponds to ayat al-ahkam in Qur an

6 FIQH AS A LEGAL SYSTEM 6 AL QURAN & SUNNAH = constitute the basic units of analysis in the discipline of fiqh. A shariah ruling (hukum Shar i) is defined as a communication from the Lawgiver concerning the conduct of mukallaf An individual able to understand and carry an obligation Individual action would fall within 5 categories : 1. Obligatory (wajib) 2. Recommended (mandub) 3. Permissible (mubah) 4. Abominable (makruh) 5. Prohibited (haram)

7 THE METHODOLOGY OF ISLAMIC JURISPRUDENCE The methodologies adopted by all fiqh schools have a common characteristic. - they make reason subservient to revelation USUL AL-FIQH = the methodology that evolved through the efforts of Muslim jurists. Role of human reason is to extend the normative statement of Quran and Sunnah to new legal issues or to provide answers to new legal problems through certain well-developed methods of reasoning These methods includes 1. Analogy (qiyas) 2. Consensus (ijma ) 3. Juristic Preference (istihsan) 4. General Public Interest (maslaha al-mursalah) 5. Blocking the Means (sadd al-dharai ) 6. Presumption of Continuity (istishab) 7. Custom ( urf) 7

8 USUL AL-FIQH AND GROUP-RELATED ISSUES 8 USUL AL-FIQH = methodology aims to arrive at normative rulings made by jurists through ijtihad and bind each and every member of the society. An Islamic legal term that means independent reasoning or the utmost effort an individual can put forth in an activity Provides the method of reasoning to decide on permissibility status Existence of dynamic socio-economic factors surrounding group-related issues militate against formulating permanent laws similar to those of fiqh Policies concerning a group may change from situation to situation eg. policy issue such as zakah distribution proportion; where Muslim authorities have the freedom to decide on this matter Contrasted to specific fiqh issues of nisab, hawl etc. that are individual matters governed by fiqh and usul al-fiqh method of reasoning; and are not left to the Muslim authorities

9 ECONOMICS AS A DESCRIPTIVE AND SOCIAL SCIENCE 9 Economic theories and principles are descriptive hypotheses and assumption that explain economic realities. A descriptive statement is a statement of what is that describes a specific reality or a certain relationship between variables. ECONOMICS as SOCIAL SCIENCE Studies aggregate collective behaviour that reflects human nature; as they are and not as they ought to be, in any given economic scenario Generally, IE should treat fiqh and ethics as extraneous forces whose influence differs from one individual to another Concerns with policy issues that affect groups of collectivities. These policy issues involve numerous variable that defy permanence and always demand revision. - not legal rulings that tend to establish hukum on a permanent basis - but, unlike conventional economics, IE policy seeks to achieve the objectives of shariah while promoting individual compliance of the shariah

10 SOURCES AND METHODS OF REASONING IN ISLAMIC ECONOMICS 10 THE HOLY QURAN FIQH = focuses on Quranic verses that confer rights or impose obligation on individuals. ISLAMIC ECONOMICS = focuses on those verses that contain descriptive statement about human nature. 1] Al-Quran has many descriptive statement on human nature. و ل و ب س ط ه للا الر ز ق ل ع ب اد ه ل ب غ و ا ف ي ا ل ر ض و ل ك ن ي ن ز ل ب ق د ر هما ي ش اء إ نهه ب ع ب اد ه خب ر ي ب ص ير And had Allah expanded the provisions of all His bondmen, they would have necessarily then spread mischief in the earth, but He sends down according to a measure as He pleases, undoubtedly, He is Aware of His bondmen, Sees them. As-Shura (verse 42.27) ~ Human transgression is linked to affluence and richness. 2] Al-Quran also describes the attributes of certain economic realities. Do they distribute the mercy of your Lord? We have distributed their livelihood among them in the life of the world and have raised some of them over others in degrees, that in between them one may laugh at the other. And the mercy of your Lord is better than that they amass. Az-Zukhruf (verse 43:32) ~ Al-Quran also describes the differences in wealth,talent, physical and mental capacities and other potentials among people.

11 3] Al-Quran also describes the attributes of group or collectiveness. 11 Then they routed them by the Command of Allah and Daud slew Jalut and Allah gave him Kingdom and wisdom and taught him what He pleased. And if Allah would not repel some of them by some others among people, then necessarily the earth, would have been ruined, but Allah is Munificent to entire world. Al-Baqarah (verse 2:251) ~ In order to restrain groups of people from doing injustice to each other, the law of mutual check and balance applies.

12 SUNNAH OF THE PROPHET (PBUH) General approach: A situational treatment of the Prophet (pbuh) on certain group issues should not be taken as a definite, rigid rule meant for all times and all situations to come. 12 SUNNAH GHOIRU TASYRI IYYAH SUNNAH TASYRI IYYAH What Prophet (pbuh) do in daily life. Eat, sleep, wear Speech and action that arise from personal experience. Health, manage agricultures Speech and action which arise from personal action. Deployment, managing strategy Speech and action that are from Prophet in a form of rulings and give explanations about the contents of Al- Quran. Ibadat Halal and haram Aqidah and akhlak Speech and action that are from Prophet in position as a Imam and Khalifah; wherein legal rules can be derived. Speech and action that arise as a judge and Qadhi which solve the problem in the Muslim society.

13 READINGS OF ECONOMICS PHENOMENA 13 Enables the researcher to study certain economic phenomena and discover the relationships between variables. Tools for reading economic phenomena: i. Observation ii. iii. iv. Experiences Inductive reasoning Survey v. Questionnaires vi. Interviews vii. Market research viii. Statistical method ix. Quantitative research

14 THE OBJECTIVE OF THE SHARI AH 14 Prevention of fasad is the principle objectives of the shari ah. FASAD is an Arabic term which means spreading mischief in a land, moral corruption against God, and any form of expression or activity by non-muslims or apostates of Islam that creates disorder in the community. Mentioned almost 50 times in Al-Quran and has wide range. Opposite of islah ISLAH is an Arabic word usually translated as "reform", in the sense of "to improve, to better, or to put something into a better position." It is used in religion and politics (including as a name for political parties), and is also used as a personal and place name. Derived from root word salaha which literally means good, incorrupt, and others. Opposite of fasad

15 Conclusion 15 First Muslim jurists approach towards legal issues and Muslim economists approach towards economic phenomenon have one thing in common viz. revelation is treated as superior than reason and empirical observation. In fiqh, the subject matter is the acts, rights and duties of individual Muslim and it prescribes whether a certain act is obligatory (wajib) or prohibited (haram). The methods of reasoning in fiqh are designed to extent normative statement in new case based on Qur an and Sunnah. Thus, methods of reasoning in usul al-fiqh are also more individually-oriented than IE.

16 Conclusion 16 In contrast, economics is a social and descriptive science and its basic units of analysis are human nature, scarce resource, economic phenomenon, and a large aggregate of persons. Therefore, fiqh and IE; in their search for discovering the truth, have to rely on two different set of methods as the objects of inquiry in the two disciplines are different.

17 Conclusion 17 Second Some methods (qiyas, ijma and istihsan) may not suit the social and descriptive aspects of IE. But public interest (maslahah al-mursalah) and blocking the means(sadd al-dharai ) can usefully be employed to guide IE policies.

18 Conclusion 18 Third IE should pay greater attention to those verses of the Qur an that describe on human nature; economic phenomenon; and description on human groups and collectivities. In addition, non-legal Sunnah should be focused on how to deal with certain public harm that the hadith intended to prevent. Another source for IE is the knowledge on the objectives of shari ah. Related to prevention of public harm and the acquisition of public interest Valuable as guiding principles for designing shari ah-oriented economic policies.